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China now has the Regulation on the Prevention and Treatment of HIV/AIDS, and the Employment Promotion Law. Both guarantee working rights for HIV-positive people. But securing those rights remains a challenge. [File photo]

Thursday, December 1st is the World AIDS DAY. China now has the Regulation on the Prevention and Treatment of HIV/AIDS, and the Employment Promotion Law. Both guarantee working rights for HIV-positive people. But securing those rights remains a challenge.

"Are you willing to work with people with HIV?" The response to this question reflects the public's tolerance of HIV.

"I think it's impossible for me."

"I would think it's strange at first."

"I show sympathy to those who are infected. But for those who got infected through sex and taking drugs, they need to rethink their own problems."

According to a survey in 2007, 65 percent of employers discriminate against people with HIV. Another survey published in the Chinese Journal of Clinical Psychology found that 90 percent of respondents had lost their jobs at least once as a result of their HIV status. Little wonder many people with HIV choose to be silent.

But last year, a college graduate broke the silence. After testing positive for HIV, Xiao Wu was denied a teaching job. He sued the local education department, but his two appeals ended in failure. He agreed to do a phone interview, but he was afraid to put his real voice on TV.

"I feel helpless and frustrated. Medical treatment has greatly improved. I'm told that with treatment, people with HIV can still live as long as people without this virus. I am very upset that we cannot share equal rights with other people without HIV. We have to live with a mask."

In recent years, China has enacted several laws to protect the right to work for HIV-positive people. But the lawyer who represents Xiao Wu says there are some contradictions in current laws.

Li Fangping, Lawyer, said, "In Xiao Wu's case, the local education department abided by Civil Recruitment Criteria during the recruitment. This regulation stipulates that HIV carriers cannot be recruited. However, this regulation runs counter to the Prevention and Treatment of HIV/AIDS, and the Employment Promotion Law, which both rule that HIV carriers should not be discriminated in recruitment.

After Xiao Wu, several other people with HIV in similar situations also resorted to law. Some experts says there are some ways to help protect the privacy of HIV-positive people who want their day in court.

Lu Jun, Co-founder of Beijing Yirenping Center, said, "They can use pseudonyms. Also, we can help find lawyers to defend the people with HIV free of charge. These lawyers can represent them in court. I believe the concerns of people with HIV can be resolved."

(CNTV December 1, 2011)